Post by Sapphire Capital on Oct 3, 2008 11:47:09 GMT 4
Convergence and Divergence between the English, French, and German Conceptions of Contract
Catherine Valcke
University of Toronto - Faculty of Law
European Review of Private Law, Vol. 16, No. 1, pp. 29-62, 2008
U Toronto, Legal Studies Research Paper No. 08-14
Abstract:
This piece aims to highlight the different internal and external perspectives on the English, French, and German law of contractual mistake. While the solutions devised by these three systems in response to mistake issues are functionally equivalent, it is possible to reconstruct the different means internally deployed by each system to reach these solutions into (different) coherent forms of argumentation. Depending on whether one takes an internal or an external perspective, therefore, one could conclude that the three systems are simultaneously converging and diverging.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1266172_code333799.pdf?abstractid=1132350&mirid=3
Catherine Valcke
University of Toronto - Faculty of Law
European Review of Private Law, Vol. 16, No. 1, pp. 29-62, 2008
U Toronto, Legal Studies Research Paper No. 08-14
Abstract:
This piece aims to highlight the different internal and external perspectives on the English, French, and German law of contractual mistake. While the solutions devised by these three systems in response to mistake issues are functionally equivalent, it is possible to reconstruct the different means internally deployed by each system to reach these solutions into (different) coherent forms of argumentation. Depending on whether one takes an internal or an external perspective, therefore, one could conclude that the three systems are simultaneously converging and diverging.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1266172_code333799.pdf?abstractid=1132350&mirid=3